Advice for illegally passing on the shoulder

[motodaze]

Hi so basically every morning if people commute coming through 92-W and 101-SB merge-that intersection is always backed up during rush hour/morning commutes. (Or going from 101-NB to 92-E aka Crossing over the San Mateo bridge to Hayward). When I first started riding I was reluctant to pass on the shoulder of the merge because it's only 1 way but after I saw a few motorcycles do it I have been doing that every single time and no issues came about (over a year now). I have also asked other riders and they told me it's fine in that situation - bumper to bumper traffic merging onto the highway. Other than the road sometimes being messy with debris it is completely safe to do so as no one can just suddenly stop on the shoulder.


So this morning I did the same thing and a CHP officer pulled me over and gave me a citation (I could have easily ran away from him as there would be very little time once I got to a free lane for him to catch me in that amount of traffic but I pulled over anyway) and now I have to go to traffic court in August and either argue my case or get pay the fine and possibly go to traffic school? I get that it is illegal but what are the ramifications coming from this? Additionally, the most important thing is I wonder if this will hit my motorcycle insurance and how much will I be expected to pay in fines/will I have to go to traffic school?

 

[dravnx]

Post your question here
https://www.bayarearidersforum.com/forums/forumdisplay.php?f=78

 

[ichabodnt650]

Pay the fine, sign up for traffic school online (no point shown to insurance, so no rate hike), watch for cops before doing illegal maneuvers in the future

 

[*Tina*]

I just got ticketed for passing on the shoulder. $238 plus fees and traffic school cost. Napa County

 

[motodaze]

Pay the fine, sign up for traffic school online (no point shown to insurance, so no rate hike), watch for cops before doing illegal maneuvers in the future

Thanks for the info.

You're right, it's that this bothers me because going home through 101 to 92 merging on the San Mateo, on the merge there is usually cops there and once or twice now I've done a similar maneuver in front of them (granted one time they were ticketing another car, another time the cop was literally moving lanes as I was passing him on the shoulder...) and they just let me go and I thought I'd be okay because every other biker does it and also did it in front of them.

 

[motodaze]

Post your question here
https://www.bayarearidersforum.com/forums/forumdisplay.php?f=78

I think someone moved the thread - thank you to whoever did that!

 

[295566]

Kind of a chickenshit ticket, but it's still illegal. It's like doing 70 in a 65... ain't hurting anyone, but still illegal and a citable offense. You really have no legal justification for doing it, either. Pay the fine, do traffic school, and check your six before doing it next time (read: if there's a cop/CHP there don't, otherwise have fun).

 

[ejv]

I've sped past, in front of, and next to dozens if not hundreds of law enforcement officers over the last 25 years or so mostly in autos but also on a moto. Sometimes just a few mph over the limit, sometimes a lot more than that. It never occurred to me that because I wasn't pulled over and cited in those instances that I was suddenly in the right and allowed to speed in the future with impunity.

Be happy you got one ticket and not three. Decide if it's worth it to you to continue riding that way and then act accordingly.

 

[motodaze]

I've sped past, in front of, and next to dozens if not hundreds of law enforcement officers over the last 25 years or so mostly in autos but also on a moto. Sometimes just a few mph over the limit, sometimes a lot more than that. It never occurred to me that because I wasn't pulled over and cited in those instances that I was suddenly in the right and allowed to speed in the future with impunity.

Be happy you got one ticket and not three. Decide if it's worth it to you to continue riding that way and then act accordingly.

I know it's wrong and I'll stop now next time I see an officer car. The two previous times that I did it, I had already saw other motorists do it that's why I felt safe doing it. Today, it was just me and my dumb judgement call cause I was already moving too fast (20mph vs the 5mph of traffic) to squeeze back in from the exit ramp.

 

[berth]

(I could have easily ran away from him as there would be very little time once I got to a free lane for him to catch me in that amount of traffic but I pulled over anyway)

It's simply foreign to me that folks even consider this.

 

[sckego]

Be happy you got one ticket and not three. Decide if it's worth it to you to continue riding that way and then act accordingly.

This. Figure the cost of the ticket, divide by the number of times you've taken that shortcut, and that's the daily toll to save that time. Your call if it's worth it to keep doing it. We all pay the go-fast tax sometime...

 

[Dubermun]

Close your eyes when riding on the shoulder. If you can’t see them they can’t see you. No ticket no problem.

 

[MikeGyver]

It's simply foreign to me that folks even consider this.

Ha! I was thinking the same thing. Seems odd to even mention it.

 

[NorCalBusa]

I haven't looked it up for a decade, but passing on the shoulder used to be far less expensive (half?) than passing in the median or over a solid yellow. Check it.

 

[Enchanter]

I know it's wrong and I'll stop now next time I see an officer car. The two previous times that I did it, I had already saw other motorists do it that's why I felt safe doing it. Today, it was just me and my dumb judgement call cause I was already moving too fast (20mph vs the 5mph of traffic) to squeeze back in from the exit ramp.

No one looks over the shoulder or checks their mirror before pulling onto the shoulder of the road. They will assume that no one is there because no one is allowed to be there.

 

[motodaze]

No one looks over the shoulder or checks their mirror before pulling onto the shoulder of the road. They will assume that no one is there because no one is allowed to be there.

Let me clarify, no one was going to pull into the shoulder because everyone is already at a stop since it is gridlock at that zone every morning.

 

[Enchanter]

Let me clarify, no one was going to pull into the shoulder because everyone is already at a stop since it is gridlock at that zone every morning.

I follow your line of thought, but disagree. This is exactly the type of traffic that causes rear-enders with subsequent unplanned and immediate movement onto the shoulder.

 

[gixxerjeff]

I just got ticketed for passing on the shoulder. $238 plus fees and traffic school cost. Napa County

I think we have a very similar commute. I gotta ask where this happened.
You can PM me if need be.

 

[Aware]

Advice? Don't do illegal stuff then ask weird questions about getting a ticket for doing illegal stuff.

If you think you'll always see that cop, haha.

 

[MapleRoad]

First, Ticket Assassin.

Second, you play the game and you take your chances. Most violations aren't OK, they're just not enforced. It's possible that an hour prior to the officer noticing you, he had someone pulled over on the shoulder right there, and a motorcyclist passed faster or closer than he liked. The motorcyclist was passing on the shoulder. It startled the officer, and officers really don't like being startled like that. So that particular violation is going to be on his shit list for a few days. The officers you passed previously made a judgement call. Maybe traffic was more locked up than 5mph. Maybe you were going slower. Maybe in the moment you zoomed past, he was distracted by radio traffic and you weren't a significant enough violation to break the "pull him over" threshold.

It's not a video game. There aren't rules that rigidly lock people into behaviors. If the ramp is moving at all, people can move to the shoulder. They can do it unexpectedly and faster than we expect. Someone might get arsed that you're passing on the shoulder because they think you should wait in line like everyone else. Same with the cops. Just because one didn't pull you over for a violation doesn't mean that the next one won't. It doesn't stand to reason that prior lack of enforcement precludes future enforcement.